Bank Filed the Wrong Lien Against My Car

I got my title papers from the DMV today and the bank placed a GARAGEMAN'S LIEN against my car as opposed to a lien to secure the alleged loan!!!!!! In other words, someone at the bank f*cked up big time and filed the wrong lien form with the DMV. . . . Garagemen's liens are for mechanics, not banks. A mechanic places a garageman's lien against the car when the car owner doesn't pay for repairs.

So experts how should I proceed in drafting a VOD for this one?? Or should I say the hell with the VOD letter and march right over to the courthouse to have this *garageman's lien* vacated?

Happy Holidays.

Originally Posted by cute_chick

I got my title papers from the DMV today and the bank placed a GARAGEMAN'S LIEN against my car as opposed to a lien to secure the alleged loan!!!!!! In other words, someone at the bank f*cked up big time and filed the wrong lien form with the DMV. . . . Garagemen's liens are for mechanics, not banks. A mechanic places a garageman's lien against the car when the car owner doesn't pay for repairs.

So experts how should I proceed in drafting a VOD for this one?? Or should I say the hell with the VOD letter and march right over to the courthouse to have this *garageman's lien* vacated?

Happy Holidays.

I DON'T KNOW ABOUT BEING AN EXPERT AT ANYTHING BUT I THINK THE GARAGEMAN'S LIEN SOUNDS BOGUS UNLESS IT'S FROM THE DEALER THAT SERVICED THE CAR AND YOU DIDN'T PAY.

IN MY STATE THE LIEN IS FILED WITH THE CERTIFICATE OF TITLE.
IN THE APPLICATION FOR CERTIFICATE OF TITLE THERE'S A SECTION THAT READS " THIS MOTOR VEHICLE IS SUBJECT TO THE FOLLOWING FIRST LIEN".
AND THEY JUST PRINT THE NAME OF THE FINANCING INSTITUTION.
THERE ARE NO STATE UCC FILINGS AND NO COUNTY CLERK'S OFFICE FILING.
BASICALLY IF YOU WANT TO GET TITLE TO YOUR CAR YOU PAYOFF THE "LOAN" AND THE LIENHOLDER WILL RELEASE THE TITLE. I'VE DEALT WITH THE "SPECIAL INVESTIGATOR" WHO BUYS THE DEBT AFTER THE LENDER CHARGES OFF THE ACCOUNT. NOW I'M WORKING ON GETTING THE TITLE.

[Jerseee]

Originally Posted by cute_chick

I got my title papers from the DMV today and the bank placed a GARAGEMAN'S LIEN against my car as opposed to a lien to secure the alleged loan!!!!!! In other words, someone at the bank f*cked up big time and filed the wrong lien form with the DMV. . . . Garagemen's liens are for mechanics, not banks. A mechanic places a garageman's lien against the car when the car owner doesn't pay for repairs.

So experts how should I proceed in drafting a VOD for this one?? Or should I say the hell with the VOD letter and march right over to the courthouse to have this *garageman's lien* vacated?

Happy Holidays.

cute chick,

File a complaint and sue for damages. THis should bring them out and allow them to explain their actions. I would get a certified copy of that filed lien--it should have the bill or invoice attached with it. Then you can go from there with or without the complaint.

Originally Posted by Jerseee

cute chick,

File a complaint and sue for damages. THis should bring them out and allow them to explain their actions. I would get a certified copy of that filed lien--it should have the bill or invoice attached with it. Then you can go from there with or without the complaint.

Yep DMV sent Certified copies of ALL documents in my file - all for $7.00! I'm calling a lawyer right now to have this bogus lien removed. And no the dealer NEVER repaired my car as I purchased it brand new. The bank is listed on the Title as the lienholder and the form submitted to the DMV was for a garageman's lien. Someone f*cked up big time!

PJ: In NY, the owner (me) automatically gets the title but the title will list the bank's name as a lienholder until the debt is paid in full. The title doesn't say what TYPE of lien the lienholder has - it just says that its a lienholder. Anyway, the bank's name is removed from the title once you payoff the loan.

Boy I'll tell ya - it pays to question authority and protect yourself when it comes to banking matters. I've been driving around from the past 2 years thinking that I'm driving the bank's car and, actually, it's my car.

Jerseee: Should I still send the bank a VOD letter? I planned to send one out this week. If so, should I have them prove the collateral or just focus on the actual contract/debt issue?

[joma44]

Hey all, been gone for a while...travelling and all that.

Some recomendations and some questions

Even if your not going to ever do anything about your car I recomend you do the following just for practice.

Recomendations
1. Call your dealership and ask to view your file. They are legally required to keep it and show it to you upon request. You might be very suprised by what you find in there. Things you thought you were buying for $1000's but in fact the dealer never charged itself for.

2. Ask the bank for the original copy...of course they wont send it to you but what you will get is a photocopy. Dont be sad because even that photocopy can show you things that you dont remember signing cause they were added later.

Questions

1. My copy of my Release of Interest is only signed by me. However the copy I got from my dealer shows that somebody signed it and added their dealer number after I left. How significant is this?

2. The photocopy of the bank loan is different than the copy in my possession. They hand wrote in what looks to be an account number underneath the vehicle information. How drastic does a change in document have to be to be shown as a forgery?

3. My dealership bamboozed me right from the get go. I went in the other day to just look at the file. I took some notes and found that they charged me a heck of alot of money for a clearshield and other things but on their own records the put down zero for clearshield and all the other numbers were hundreds of dollars less. However When I went in a couple of days later for photocopies they didnt photocopy everything in my file! How can I get them to photocopy it all?

thanks

[Jerseee]

Originally Posted by cute_chick

Jerseee: Should I still send the bank a VOD letter? I planned to send one out this week. If so, should I have them prove the collateral or just focus on the actual contract/debt issue?

Cute chick,

you should do what the evidence tells you to do. You have proof of fraud so you should go that way. Fraud in contract law is a bigger deal than the alleged debt issue. You see by demanding the debt be proven---this opens up the fraud issue.

[Jerseee]

Originally Posted by joma44

Questions

1. My copy of my Release of Interest is only signed by me. However the copy I got from my dealer shows that somebody signed it and added their dealer number after I left. How significant is this?

Very. it is proof of forgery.

2. The photocopy of the bank loan is different than the copy in my possession. They hand wrote in what looks to be an account number underneath the vehicle information. How drastic does a change in document have to be to be shown as a forgery?

Forgery is forgery Joma.

3. My dealership bamboozed me right from the get go. I went in the other day to just look at the file. I took some notes and found that they charged me a heck of alot of money for a clearshield and other things but on their own records the put down zero for clearshield and all the other numbers were hundreds of dollars less. However When I went in a couple of days later for photocopies they didnt photocopy everything in my file! How can I get them to photocopy it all?

Freedom of Information Act and by court order

thanks

welcome back and happy holidays

Originally Posted by Jerseee

Cute chick,

you should do what the evidence tells you to do. You have proof of fraud so you should go that way. Fraud in contract law is a bigger deal than the alleged debt issue. You see by demanding the debt be proven---this opens up the fraud issue.

Exactly. I sent the VOD letter and the CPN to the bank's attorney on Christmas Eve. I gave those bastards 14 calendar days to prove their claim because, according to the DMV, the bank filed the correct lien 6 months later but said I refinanced the loan . . . I didn't refinance anything and this is the first I've heard about this. Moreover, since the proper lien form filed with the DMV must be signed by me and the bank, I seriously think the bank forged my signature on the second form to make it look legit. The supervisor at DMV said she will mail a certified copy of the *refinance documents* to me free of charge. In other words, she's waiving the fee.

[Jerseee]

THis is getting more interesting by the post.

Originally Posted by Jerseee

THis is getting more interesting by the post.

Yeah something is definitely wrong with the auto *loan*. And for DMV to send the documents free of charge is a huge red flag that *something ain't right.*